(Received the assent of the Governor on
the 23rd December,
1936 and of the Governor-General on the 5th February, 1937).

An Act to consolidate and amend the law
relating to ReservedForests and
Waste-lands in the Hazara District

Preamble.

WHEREAS it is expedient to consolidate
and amend the law relating to reserved forests and waste-lands in the Hazara
District, and whereas the previous sanction of the Governor-General under
sub-section (3) of section 80- A. of the Government of India has been
obtained;

It is hereby enacted as follows:---

CHAPTER – I.

Short title, extent and commencement.

1.
(1) This Act, may be called the Hazara Forest Act,
1936.

(2) (i) It applies to the whole of the
Hazara 1(Division).

2[……………….]:
Provided that the 3 [Provincial Government] may, by noti­fication in the 4
[official Gazette], exempt any specified area from the operation of its
provisions.
(ii) A notification under the proviso to clause (1 ) exempting an area from the
operation of this Act shall not protect any person committing, within the
unexampled area, an act in regard to forest produce of unexampled areas which,
if committed within an area not so exemp­ted would be an offence.

(3) It shall come into force at once.

Definitions.

2. In this Act, unless there is anything
repugnant in the subject or context

(a) “brushwood” includes all
woody plants with the exception of trees as defined below and of the follow­ing
fruit trees when cultivated;
pears, apples, plums, apricots, peaches and vines;

(c) “Deputy Commissioner’ means the Deputy
Commis­sioner of the ! [District concerned in which the forest is situated] or
any other officer who may be invested by the 2 [Provincial Government] with all
or any of the powers of a Deputy Commissioner under or for the purposes of this
Act;

(d) “estate”, “village officer”, “landowner”
and “tenant” shall be deemed to have the meanings respectively attributed to
them by the 3 [N.-W.F.P. Tenancy Act, XXV of 1950] and the
Punjab Land Revenue Act, XVII of 1887;

(e) “forest offence” means an
offence punishable under this Act or under any rule made under this Act;

(f) “Forest-officer” means any
person whom the 2 [Pro­vincial Government] or any officer empowered by the
2[Provincial Government] in this behalf may appoint to carry out all or any of
the purposes of this Act or to do anything required by this Act, or any rule
made under this Act to be done by a Forest-officer;

3. For the words
and figure “N.-W. F. P., Tenancy Act, XXV of 1950”
by which the Punjab Tenancy Act, is hereby repealed.

4. For the words “Mansehra
Tehsil of the Hazara District” subs, by N.-W. F. P., Ord.

No . XVIII of 1978 (S. 3).
(b).
.

(j) “reserved forest”
means land which was demarcated as such at settlement.

(k) l [Commissioner” means the
Commissioner of Hazara Division or any other officer who may be invested with
the powers of Commissioner for the purposes of this Act];

(1) “settlement”, means the
first and second regular settlements of the 2 [Hazara Division] including the
Agror valley;

Provided that in any case where the
records of the two set­tlements do not agree the terms shall be understood to
refer to the second regular settlement;

(m) “timber” includes trees when
they have fallen or have been felled and all wood of such trees whether cut up
or fashioned or hollowed out for any purpose or not;

(n) “tree” means any tree of a
kind specified in Schedule I or any other kind that the Provincial Government]
may add to that schedule;

(c) “village forest-officer”
means any person entrusted by the Deputy Commissioner with any function or
charge in the waste-land of villages; and

(q) “waste-land” includes
all uncultivated land except reserved forests,
graveyard, sacred places, land re corded at settlement
as part of the village site and laud shown as follows: (“Khali” or
Banjar Jadid”) in annual records.

CHAPTER—H.
RESERVED FORESTS.

Management of reserved forests.

3. The management
of reserved forests is vested in the Forest-Officers.

Reserved forests to be property of the
Government.

4. Subject only to the rights defined
and recorded at settle­ment and to the payment to the village-land owners of
seignior age-fees as provided in Section 27, the reserved forests shall be
deemed to be 4[vested in the] 5 [Provincial Government] and the forest

income accruing from them shall be
credited to the 1[Provincial Government] as forest-revenue.

5. No right or privilege in a reserved forest and no produce obtained by its
exercise shall be alienated by sale, lease, or other­wise except to
^Provincial Government] unless such alienation is expressly permitted in the
order defining and recording such right or privilege:

Alienation of right in or over reserved
forest.

Provided that when any such right or
privilege attaches to any land it may be sold or otherwise
alienated along with such land.

6. No right of any description shall be acquired in or over
a reserved forest except by succession or under a grant or contract in
writing made by or on behalf of 2[Provincial Government] or by or on behalf
of some person in whom such right was vested under Regulation II of 1873 or
Regulation VI of 1893.

Acquisition of right in or over reserved
forest.

7. Whenever the limits of any reserved
forest are not suffi­ciently indicatd by natural marks or other existing
boundaries, they shall be demarcated by permanent and conspicuous marks; and
the limits of the tracts assigned for the exercise of recorded rights (where
such exist) within the reserved forest and also of the portion of the forest
attaching to each village for seignior age purposes shall, where necessary,
be similarly demarcated.

Demarcation.

8. Any Forest-officer may, with the
previous sanction of the (Provincial Government) or of any officer duly
authorized in that behalf, stop any public or private way or water-course in
a reserved forest:

Power to stop ways and watercourses.

Provided that a substitute for the way or
water-course so stopped, which the 3 [Provincial Government deems to be
reasonably convenient, already exists or has been provided or constructed by
the Forest-officer in lieu thereof.
9. (1) Whoever—

(a) sets fire to a reserved forest or kindles any fire or leave
any lire burning in such way as to endanger such a forest, or who, in a
reserved forest;

Acts Prohibited.

1. In
Sections 4-5 for the word local Government by -A O. 10.171.
2. mill’s for the crown by W.P.A.L.O. 1964 part
III.

3.
In sections 8 and 9 for the words “Local Government” substituted by
A.O. 1937.

(b) kindles, keeps or carries
any fire;

(c) grazes or drives cattle or
permits cattle to trespass;

(d) cuts, lops, taps, or bums
any tree or brushwood Or strips off the bark or leaves from or otherwise dama­ges
the same;

(e) causes any damage by negligence
in felling any trees or cutting or removing any forest-produce;

(f)
quarries stone, burns lime or charcoal or collects or removes any
forest-produce;

(g) cultivates any land or clears or
breaks up any land for cultivation or any other purpose;

(h) erects any building or makes any
enclosure; (i) enters into a fenced enclosure;

(j) in contravention of any rules
which the 1 [Provincial Government] may prescribe, shoots or fishes;

(k) sets snares or traps, or poisons
water;

shall be punishable with imprisonment for
terms which may extend to 2[two years], or with fine not exceeding 2 (ten
thousand rupees), or with both, and shall, in addition thereto, be liable to
pay such compensation for damage done to the forest as the convicting
Magistrate may direct:

Provided that if the offender be a woman,
the Magistrate shall, except for reasons to be recorded in writing, dispense
with her presence and permit her to appear by an agent, authorized by writing
under the signature or thumb-impression of the woman, attested by a lambardar
or some other respectable person.

(2) When the person who is in charge of
cattle which have been permitted to trespass in contravention of clause (c) of
sub­section (1) is a child under the age of sixteen years, the owner of the
cattle shall be deemed to be a person who is guilty of an offence within the
meaning of that clause.
1.Subs, for Local Government by A. O., 1937.
2.For the words “Six months” and “five hundred rupees” subs,
by N.-W. F. P. Ordinance No.Ill of 1980
(S. 2).
HAZARA FOREST ACT, 1936

(3) Nothing in this section shall be deemed to prohibit:—

(a) any act done by permission
in writing of the Forest officer or under any
rule made by the ‘(Provincial Government), or

(b) the exercise of any right
recorded at settlement or created by grant or contract made by or on behalf of
the l[Provincial Government|.

2[9-A. (1) A court convicting an accused
of an offence under clause (g) or (h) of sub-section (1) of Section 9 shall
direct the accused, if he or any other person on his behalf, be in possession
of the land in respect of which he is convicted, to deliver posses­sion of
the same within such period, not exceeding thirty days, as the Court may fix
in this behalf, to the prescribed Forest Officer, and to remove within the
said period any encroachments which the accused may have put up or erected on
such land.

Removal of croachuments, , etc. from ReservedForest.

(2) Any accused person directed by a Court
under the last preceding sub-section to deliver possession of land in a
Reserved Forest to the prescribed Forest Officer or to remove any encroach­ment
there from made by him who fails so to deliver the land or to remove the
encroachment, within the period specified by the Court under the said
sub-section—

(a) may, by order of the Court, be
ejected from such land and any encroachment made by him, on such land, may be
removed or demolished with such force as may be necessary and in such manner as
may be prescribed; and

(b) shall also be liable to a fine
which may extend to one hundred rupees for every day, after the period fixed by
the Court under the provisions of sub-section (1) has expired, that he remains
in possession or occupa­tion of the land in respect of which he has been
convicted or fails to demolish or remove the encroach­ment on such land].

10. The penalty provided in Section-9,
may, in the discre­tion of the adjudicating Magistrate, and in the case of
habitual offenders only, be accompanied by the forfeiture of all implements,
or conveyances used in the commission or furtherance of the offence
adjudicated; and all forest-produce illicitly obtained shall be restored to
the Government Forest Department,

Power to declare forest no longer
reserved.

11. (1) The ‘[Provincial Government] may
2[...-...] by notification in the official Gazette, direct that, from a date
to be fixed by such notification any reserved forest or portion thereof shall
cease to be a reserved forest.

(2) From the date so fixed, such forest or
portion shall cease to be reserved; but the rights (if any) which have been
extin­guished therein shall not revive in consequence of such cessation.
CHAPTER III. WASTE LANDS

Rights in waste lands.

12. (1) Subject to the rights and powers
of the ‘[Provincial Government] in respect of seignior age and forest
conservancy as defined in this Act or in rules made there under, and subject
also to the claims of right holders not being owners of the soil, all
waste-lands are the property, held jointly or severally, as the case may be,
of the land-owners of the village in whose boundaries they are included; and
such land-owners are entitled to use free of charge for their own domestic
and agricultural requirements any trees and forest-produce found in those
waste-lands. But they sh­all have no right or power to sell any trees or
brushwood growing in such lands except with the permission of the Deputy
Commis­sioner or other officer authorized by the ‘[Provincial Government] and
under such conditions as the Deputy Commissioner may impose; and all such
sales shall be subject to payment to the 1 [Provincial Government1 of
seignior age-fees as provided by Section 27.

(2) The claims of right-holders other than
land-owners of the village shall be recognized to the extent defined and
recorded at settlement, or in case of doubt or dispute, to the extent which
hereafter be defined by the Deputy Commissioner with the sanction of the ‘[Provincial
Government], and the exercise of such right shall be subject to the provisions
of this Act and the rules made thereunder.
(3) Ail deodar trees in Kaghan Ilaqa shall be deemed to be the property of the
1[Provincial Government], and nothing in this section shall be held to affect
the right of the 1[Provincial Government[ thereto.

1. In section 11 and 12 for the word “Local
Government” substituted by A. O., 1937.

2. The words ‘‘with the
previous sanction of Governor-General in Council “omitted by A.O.1937.HAZARAFOREST, ACT, 1936.

13. (1) Whenever it appears to be
necessary to prohibit the breaking up for cultivation of waste-land or its
occupation as sites for sheds, buildings or enclosures in order to the better
pro­tection of—

Power to protect waste-land.

(a) the crests and slopes
immediately below the crests of hills within the limits of
tree-vegetation,
(b) catchment-basins of streams, torrents or ravines;
(c) the banks and beds of
livers, streams, torrents,
and
ravines,
‘ ;
(d) steep slopes,
(e) waste-lands which, though not situated in any of the above positions,
are nevertheless of such value of utility for the supply of forest-produce or
otherwise that their breaking up or occupation would in the judgment of the
Deputy Commissioner be inadvisable the Deputy Commissioner may issue orders
prohibiting the breaking up or occupation of such waste-land, and defining the
area to which such prohibition shall extend, and may cause the limits of such
area to be shown on the village map and to be demarcated on the ground with
boundary-mark so far as may be necessary.

(2) All orders passed by the settlement
officer under Sec­tion 11 of the Hazara Forest Regulation, 1893, at the second
regular settlement of the ‘ [Hazara Division! shall be deemed to be orders
passed under this section.
(3) No such order as is referred to in sub-section (I) or sub-section (2) shall
be cancelled by the Deputy Commissioner without the sanction of the
Commissioner], but the Deputy Commissioner may from time to time revise such
orders by alter­ing the boundary of the protected land so as to exclude any
particular plot the protection of which may appear to be un­necessary.

14. (I) If the Deputy Commissioner is of
opinion that in any estate the supply of grass, trees or brushwood is not
adequate for the present and prospective wants of the residents, he may
direct that an area of waste-land not exceeding one-half of the total
uncultivated area of the estate shall be set a part in a conven­ient and
suitable position, and may record proceeding providing:—

Power to set apart waste-land for growth
of grass, trees or Brush wood.

(a) for the prohibition within
this area of all or any of the acts detailed in sub-section (3) of section—9;
1. For the word” Hazara District”
substituted by Ordinance No. XVIII of 1973 (S. 4).
2. For the words “Revenue and Divisional
Commissioner” sub*, by West Pakistan Act, No. XVI of 1957 (S. 3) W and
schedule—IT.
HAZARA FOREST ACT, 1936.
(b) for the enjoyment of its produce by the residents of the estate and
any other right-holders and for the due regulation of that enjoyment;
(c) for the recovery of costs of management of the area from the said
residents and right holders.
(2) No compensation shall be claimable by the owners or other
right-holders of such lands in respect of any orders passed under this section.

Power to set apart waste-land for growth
of trees, brush-wood or grass on application of land-owners.

1 [15. If in any case
such proportion of the land-owners of the estate as pay not less than
two-third, of the land-revenue due thereon, make an application to the Deputy
Commissioner requesting that a stated area
of waste-land owned in common by them be set apart for the growth
of trees, brushwood or grass, the Deputy Commissioner shall
have power to proceed in respect of that area as provided in Section 14].

Power to protect waste-lands from erosion,
etc.

16. (1) If the Deputy Commissioner is of
opinion that it
is necessary to guard more securely against erosion or the forma­tion or
extension of ravines or land ships, he may issue special or­ders prohibiting
within the area likely to be affected or that adjacent thereto all or any of
the acts detailed in sub-section (1) of Section 9, or permitting them on such
conditions as he may see fit to impose.

(2) No compensation shall be claimable by
the owners or other right-holders of such land in respect of any orders passed
under this section.

Appointment of village forest officer
and issue of management orders.

17. (1) The Deputy Commissioner may
appoint village’ forest officers to manage the forestry of waste-lands and
may issue: general or special management orders to such officers for the pro­hibition
of the barking, boring, girdling or otherwise injuring of, trees or brushwood
and for the regulation of the felling or lopping of trees or brushwood in
such waste-lands for village requirements.

(2) In case of any contravention of orders
issued under sub-section (1), the Deputy Commissioner may direct that no trees
be felled in the waste without the previous permission in writing of himself or
of such officials as may be authorized by him in this behalf; and if permission
to sell brushwood has been accorded he may cancel such permission.

Firing of village waste-lands.

18. The Deputy Commissioner may issue
special order in writing permitting the firing of any waste-lands within such
limits and subject to such conditions as he may think fit.

1, Section 15 substituted by
N.-W, F. P. Act, No. Ill
of 1946 (S. 3).

HAZARA FOREST
ACT, 1936.

19. Every
village-officer and village forest-officer shall be bound to report any
breaking of waste-land protected under Section 13 and any breach of any order
passed under the provisions of this ; Chapter as soon as the fact comes to
his knowledge.

Village-officers and village forest
officers bound to report acts contrary to the above prohibitions.

20. The Deputy Commissioner
may cause to be summarily . ejected any person cultivating land or committing
any other act: in contravention of an order passed under Section
13, Section 14, Section 15 or Section 16, and may direct that any
building or en­closures erected or crop grown on such land in contravention
of such order shall be confiscated.

Treatment of illicit cultivation, etc.

21. Where waste-land which has been
recorded at settlement as “settlement” or common land or which had been
specially reserved as a grazing ground or as a fuel or timber preserve of the
village is broken into by cultivation, the Deputy Commissioner on the appli­cation
of any right-holder in the village or of his own motion, may eject the author
of the encroachment and forbid its repetition by a proclamation published in
like manner as a proclamation under Section 22 of the Punjab Land Revenue
Act, 1887.

Treatment of encroachment on common
land.

22. Where the Deputy Commissioner
permits the breaking up and cultivation of land in protected waste or where
land has been broken up without his permission and he does not think it
necessary or expedient to stop the cultivation thereof, he may impose on the
land newly brought under cultivation an assessment , at rates which shall not
exceed double the rates on land of similar quality in the same or adjacent
village, and, in cases where appli­cation has been made for his sanction
previous to the breaking up of the land, shall ordinarily not be higher than
those rates.

Assessment of cultivation in protected
waste.

23. (1) in the case of
existing cultivation in dangerous positions on hill-sides
the Deputy Commissioner may require the owner or tenant of the land so
cultivated to protect it by a retain­ing wall or to take such
other precaution to ensure the stability of the soil as he may
deem necessary.

Protection of cultivation by retaining
walls.

(2) Should the owner or tenant fail
to comply with the requisition within a reasonable time and
also persist in cultivating the land, the Deputy Commissioner
may summarily eject him from so much of the land as may be in danger and
deal with it in accordance with the provisions of Section 16.
(3) Similarly, the Deputy Commissioner may direct that any extension of
cultivation after the date of the introduction of the second regular settlement
in dangerous positions on a hill­side shall be protected by retaining walls,
and may summarily eject the cultivator of such land if he fails to comply with
the order.

(4) No compensation shall be claimable by
the owner or tenant of such land in respect of any order passed under this
section.

Treatment of cultivation in dangerous
positions on hill sides.

24. (1) Where after the date of the
introduction of the second regular settlement land is brought into cultivation
in dan­gerous positions or hill-sides and the slope is too steep to admit of
the construction of retaining walls, the Deputy Commissioner may, if he is of
opinion that the prohibition of such cultivation is in the general interest
of the village, eject the person cultivating and direct that the land remain
uncultivated in

(2) No compensation shall be
claimable by the person ejected in respect of any order passed under this
section.

Costs of managements.

25. The cost of management of any
waste-land and of the demarcation of any waste-land directed by the Deputy
Commis­sioner to be demarcated in accordance with the provisions of this
Chapter, may be recovered from all land-owners or from all land owners and
right-holders concerned, as an arrear of land-revenue.

Offences in wastelands.

26. Whoever commits or abets the
commission of any of th* following offences, namely: —

(1) breaks up or occupies or, being
the owner of the land or a joint owner thereof, permits the breaking up
occupation of any waste-land protected under Section B;

(3) without permission knowingly
sells or conveys for sale any tree, timber or brushwood produced on waste-land,
or fells, lops, barks, bores, girdles or other­wise injures any such tree or
brushwood contrary to any general or management order issued under Section 17;

(4) sets fire to any wastes-land
otherwise than as permitted by an order passed under Section 18 or
negligently • permits any fire to extend thereto,

shall be punishable with imprisonment for
a term which may extend to ‘ [Two years], or with fine which may extend to ‘[ten
thousand] rupees or with both:

Provided that if the offender be a woman,
the Magistrate shall, except for reasons to be recorded in
writing, dispense with her presence an d permit her to appear by an agent
authorized by writing under the signature or thumb-impression of
the woman, attested by a lambardar or some other respectable person.

1. 1[26-A. (1) A Court convicting an
accused person of an offence under clause (1) of section 26 shall direct the
accused; if he or any other person on his behalf, be in possession of the
waste land in respect of which he is convicted, to deliver posses­sion of the
same, within such period not exceeding thirty days, as the Court may fix in
this behalf, to the prescribed Forest Officer, and to remove within the said
period any encroachments which the accused may have put up or erected on such
land.

Power of Court to evict trespassers.

(2) Any accused person directed by a Court
under the last preceding sub-section to deliver possession of waste land to the
prescribed forest officer or to remove there from any encroach­ment made by him
who fails so to deliver the land or to remove the encroachment, within the
period specified by the Court under the said sub-section—

(a) may, by order of the Court, be
ejected from such land and any encroachment made by him on such land may be
removed or demolished with such force as may be necessary and in such manner as
may be prescribed; and
(b) shall also be liable to a fine which may extend to one hundred rupees
for every day, after the period fixed by the Court under the provisions of
sub-section (1) has expired, that he remains in possession or occupa­tion of
the land in respect of which he has been convicted or fails to demolish or
remove the encroach­ment on such land.

CHAPTER—IV.

DUTIES AND FEES.

CHAPTER—IV.

DUTIES AND FEES.

27. (1) In the case of,---

(a)
trees felled in reserved forests.

(b)
firewood supplied from the same, and

(c)
deodar trees felled in the waste-lands of villages in the Kaghan llaqa,

the Forest-Officer shall credit to the
Provincial Government] as Forest-revenue the price realized by the sale of such
trees o r firewood and on the other hand debit to the ^Provincial Government]
and pay to the right-holders entitled thereto in such manner as the Deputy
Commissioner may direct the seignior age-fees due according to the list of such
fees that is in force for the time being.

(2) Similarly, in the case of trees which
are sold from waste-lands, the Deputy Commissioner shall credit to the 1
[Provincial Government] as forest-revenue the seignior age-fees, and the
balance of the price realized shall be paid to the right-holders entitled
thereto; provided that the trees referred to in this sub-section are of one or
other of the kinds entered in the seignio­r age-list which is in force for the
time being.

(3) The list of the seignior age-fees in
force at the commen­cement of this Act is hereby maintained.

(4) 2 [.....
.]the 1[Provincial Government] shall
after every ten years with due reference to the average actual prices
realizable, for timber or fuel, revise the rates of fees in such list and may
add trees to it or exclude trees from it.

(5) The fees may be uniform throughout the
3[Hazara Division] or varied in different parts thereof, but shall not exceed in
any case a fair estimate of half the average net profits realizable on the
sales.

(6) Whenever the list of seignior age-fees
has been revised, the Provincial Government) shall publish a notification in
the official Gazette, which shall set forth the rates of seignior age-fees
payable, the circumstances under which any trees have been ex­empted from
charge, and such other matters connected with seig­nior age-payments as the J
[Provincial Government] may see fit to regulate.
4[28. The Provincial Government may levy a duty in such
manner, at such places and at such rates ad valorem or otherwise,
as it may declare by notification in the official Gazette, on all timber:---

(a) which is produced in Hazara Division,
or

(b) which is brought in to Hazara
Division from any place outside that Division,

1. For the word “Government”
subs, by A.O. 1937.

2. The
words “with the previous sanction of the Governor-General in Council”
omitted by A O., 1937.

(c) which
is transported from or
through Hazara Division to any place outside that Division].

CHAPTER—V.

CONTROL OF FOREST-PRODUCE IN TRANSIT

29. The
1[Provincial Government] may make rules to regu­late :—

Power or 1[Provincial] Government] to
issue rules for floating timber and levying fees.

(a) the import of timber or of
any forest-produce into the 2[Hazara Division];

(b) the transport of timber or of
any forest-produce byland or by rivers and streams within the district, the
custody thereof during transit, and the levy of fees
in respect of timber or of any forest-produce trans­ ported;

(c) the collection and
disposal of waif and unowned timber or of any forest-produce; and

(d) the use of property marks for
timber and the regis­tration of such marks;

and may prescribe as penalty for the
infringement of such rules imprisonment which may extend to six months, or fine
which may extend to five hundred rupees, or both, and by these rules make
provision for the appearance of the woman offender on the lines of the proviso
to sub-clause (1) of Section 9.

3[29-A. Notwithstanding anything in
section 29, the 4[ ..] Government may make rules to prescribe the route by
which alone timber or other forest produce may be imported or transported into
the 2[Hazara Division 1 across any customs frontier as defined by the 4[....]
Government, and any rules made under section 29 shall have effect subject to
the rules made under this section.]

1. Subs, for
the word “Local Government by A. O., 1973.

2. Subs, by
N.W.F.P. ord No. XVIII of 1978 S.8.

3. Section
29 A ins by A. O., 1937.

4. The word “Federal”
omitted by A. O., 1937.

CHAPTER—VL
DRIFT AND STRAND TIMBERS

Certain kinds of the property of the
1[Provincial Government] until title thereto Proved.

30. (1) All timber found adrift,
beached, stranded or
sunk, ail timber bearing marks which have not been registered in accordance
with any rules which the ^Provincial Government]
may have issued, ail timber on which the marks have been altered,
defaced or obliterated, and, in such areas as the ‘ [Provincial
Government], may, by notification in the official Gazette, direct,
all unmarked timber, shall be deemed to be2 (“vested in the
3 [Provincial Government] unless and until some person establishes
his right and title thereto.

(2) Such timber may be collected by any
Forest-officer and be brought to any depot appointed for its reception.

(3) Due public notice shall be given from
time to time of such collection, and any person claiming such timber shall be
required to present a written statement of his claim within 3[three] months
from the date of such notice.

Procedure on claim preferred to such
timber.

3.1. (1) When any such statement is
presented as aforesaid, a Forest-officer, not below the rank of a Divisional
Forest-officer after making necessary inquiry, either reject the claim after
re­cording his reason for so doing, or deliver the timber to the clai­mant.

(2) If such timber is claimed by more than
one person, the Forest-officer may either deliver the same to any of such
persons whom he deems entitled thereto, or may refer the claimants to the Civil
Courts, and retain the timber pending the receipt of an order from any such
Court for its disposal.

(3) Any person whose claim has been
rejected under this section may, within three months from the date of such
rejection, institute a suit to recover possession of the timber claimed by him;
but no person shall recover any compensation or costs against the 4! Provincial
Government] or against any Forest-officer, on account of such rejection, or the
detention or removal of any timber, or the clivery thereof to any other person
under this section.

(4) No such timber shall be subject to
process of any Civil, Criminal or Revenue
Court until it has been delivered, or a suit has
been brought, as provided in this section.

32. If no such statement is presented as
aforesaid, or if the claimant omits to prefer his claim in the manner and
within the period prescribed by the notice issued under Section 32, or. on
such claim having been so preferred by him and having been-rejected, omits to
institute a suit to recover possession of such timber within the further
period limited by Section 33 the owner­ship of such timber shall vest in the
1[Provincial Government], or, when such timber has been delivered to another
person under Section 33, in such other person, free from all in cumbrances
not created by him.

Disposal of unclaimed timber.

33 1[Provincial Government! shall
not be responsible for any loss or damage which may occur in respect of any
forest-produce while at a depot or while detained elsewhere for the purpose
of this Act; and no Forest-officer shall be responsible for any such loss or
damage unless he has caused such loss or damage negligently, maliciously or fraudulently.

1[Provincial] Government and its
officials not liable for damage to such timber.

CHAPTER
PENALTIES AND PROCEDURE.

34. (1) Every person having rights in a reserved forest, or owning, occupying
or having rights in waste-land or land a4-jacent to a reserved forest or to
waste land and every person em­ployed iii a reserved forest by the l [Provincial
Government] or in waste adjacent to reserved forest by any owner of the
waste, shall be bound to furnish without un-necessary delay to the nearest revenue-officer,
Forest-officer, village Forest-officer or Police-officer any information he
may possess respecting the commission of, or intention to commit any forest
offence; and shall further be bound to use his best endeavours: —

Liability to as-sits in preventing
forest offences and fires, etc.

(a) to extinguish any
fire occurring in any such reserved forest or in any such waste-land:---

(b) to prevent fire
from spreading thereto;

(c) to prevent the
commission of any forest offence there­in;

(d) when there is reason to
believe that a forest offence has been committed therein, to discover and
arrest the offender.

1. In section 32, 33 and 34
for the word “Government” subs, by A. O., 1937.

Provided that a minor or a woman or an
infirm person shall not be subject to the above liabilities.

(2) All contractors and all persons
employed by contractors in any reserved forest or waste-land; and all persons
holding any permit or lease therein, shall be bound in the same way as regards
the lands in which their employment or permit or lease subsists.

(3) Every person who neglects any duty
imposed on him by this section shall, on conviction before a Magistrate, be
punishable with fine which may amount to one hundred rupees, and in default of
payment may be sentenced to simple imprison­ment for a term not exceeding six
months. In a case of second conviction simple imprisonment not exceeding six
months may be awarded in addition to the above penalty:---

Provided that if the offender be a woman,
the Magistrate shall, except for reasons to be recorded in writing,
dispense with her presence and permit her to appear by
an agent, authorized by writing under the signature or
thumb-impression of the women, attested by a lambardar or some other respectable
person.

35. In cases of illicit firing of any
reserved forest or of repeated or serious damage
thereto in contravention of
any of the provisions of this Act or rules made
thereunder, the Deputy Commissioner (whether or not any
punishment has been inflict­ed under section 9 or section 36) may
direct that the area so burnt or damaged and also the whole or any part of the
area of the forest attaching to the village to which the offender or offenders
are proved or believed to belong shall be closed against all or any of, the
following acts, namely, cattle-grazing, grass-cutting,
the felling and lopping of trees and gathering
of-dead wood, for a-period not exceeding
one year or, with the sanc­tion of
[Provincial Government], for any longer
period that-may be thought fit.

36. In cases of a flagrant or habitual
violation of any of the provisions of this Act or rules made thereunder the
Deputy Com­missioner (whether or not any punishment has been inflicted under
Section 26 or Section 34) may, with the previous sanction of the 2[Commissioner],
direct that within the limits of the whole of the waste-land affected or of a
specified portion thereof all or any of the following acts, namely,
cattle-grazing, grass-cutting, tree-felling and the cutting and gathering of
brushwood or any other kind of wood shall be totally prohibited for a period
not exceeding one year or, with the sanction of the Provincial Government], for
any longer period that may be thought fit.

1. For the word “Government”
substituted by A. O., 1937.

2. For the word “Revenue
and Divisional Commissioner” subs: by West Paklstao Act No. XVI of
1957 schedule 111 (2).

37. Whoever contravenes an order passed,
under section 36 shall be punishable with imprisonment for a term which may
extend to one month, or with fine which may extend to five hundred rupees, or
with both:

Punishment for act in contract vention
of order passed under section 36.

Provided that if the offender be a woman,
the Magistrate shall, except for reasons to be recorded in writing, dispense
with her presence and permit her to appear by an agent, authorized by writing
under the signature or thumb-impression of the woman, attested by a lambardar
or some other respectable person.

38. In all cases of illicit cultivation
in any reserved forest or protected waste-land (whether or not any punishment
has been inflicted under Section 9 or Section 26), the Deputy Commissioner
may demarcate the land so cultivated, and may suspend the exercise in such
land of all rights therein for two years or for such longer time as may be
necessary for the re-production of any trees, brushwood or turf that may have
been destroyed in order to its cultivation.

Power to close land illicitly
cultivated.

39. (1) Any Revenue, Police,
or Forest-officer may seize-

Power of seizure of forest-produce
unlawfully removed.

(a) any forest-produce which he has
reason to believe has been obtained or is being transported contrary to any
provision of this Act, or of any rules or orders made thereunder; and

(b) any tools or carriage, wagon,
cart, truck or other vehicle used in the commission of any offence against such
Act, rules or orders.

(2) Such seizure shall be reported
forthwith to the nearest Magistrate having jurisdiction in respect of such
offence.

(3) All forest-produce in respect of which
an offence under this Act or any rule made thereunder has been committed, .and
any tools or carriage, wagon, cart or other vehicle used in committing any such
offence, shall be liable to confiscation.

(4) When the offender is not known or
cannot be found, the Magistrate may, if he finds that an offence has been
committed, direct that anything
seized under sub-section (1)
shall be, confiscated:---

1[Provided that the order of
the confiscation made under this Section shall not
affect the interest of such right holders, having a
right in the forest produce under section 27, who are not directly or
indirectly involved in the commission of the offence],

1.The proviso inserted by N.-W.P.P. ,Act., No. II of 1985.

Power to release property seized under
section 39.

40. Any Revenue-officer or any
Forest-officer of a rank not inferior to that of a Ranger who, or whose
subordinate, has seized wagon, cart, truck or other vehicle under the
provisions of Section 39, may release the same on the execution by the owner
thereof of a bond for the production of the property so released if and when
so required, before the Magistrate having jurisdiction to try the offence on
account of which the seizure has been made.

Punishment for wrongful seizure.

41. Any Forest-officer or Police-officer
who vexatiously and un-necessarily seizes any property on pretence of seizing
pro­perty liable to confiscation under this Act shall be punishable with
imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both..

Penalty for counterfeiting or defacing
marks on trees and timber or altered boundary marks.

42. Whoever with intent to cause damage
or injury to the public or to any person or to cause wrongful gain as defined
in the Pakistan Penal Code:—

(a) knowingly counterfeits
upon any timber or standing tree a mark used by Forest-officers or other person
to indicate that such timber or tree is the property of * [Provincial
Government] or of such other person, or that it may lawfully be cut or removed
by some person; or

(b) alters, defaces or
obliterates any such mark placed on a tree or on timber by or under the
authority of a Forest-officer; or

(c) alters, moves, destroys or
defaces any boundary mark of any forest or waste-land to which the provis­ions
of this Act are applied;

shall be punishable with imprisonment for
a term which may extend to two years,
or with fine, or with both:---

Provided that if the offender be a woman,
the Magistrate shall, except for reasons to be recorded in writing, dispense
with her presence and pemit her to appear by an agent, authorized by writing
under the signature or thumb-impression of the woman, attested by lambardar or
some respectable person.

43. (1) Any Revenue, Police, Forest or village forest-officer may arrest without a
warrant any person committing within his sight an offence punishable under this
Act.

(2) Every officer making an arrest under
this section shall without un-necessary delay, and subject to the provisions of
this Act as to release on a bond, take or send the person so arrested to the
nearest Magistrate or police-station, there to be idaased on bail personal
recognizance pending the trial of the case.

1. subs, for the word “Government’’
by A. O., 1937. and then sab3. by W.P.L.A, order 1964
Part-Ill

44. Any Revenue Officer or any
Forest-Officer of a rank not inferior to that of a Ranger who or whose
subordinate, has arrested any person under the provisions of Section 43 may
release such person on his executing a bond to appear, if and when so re­quired,
before the Magistrate having jurisdiction in the case, or before the officer
in charge of the nearest police-station.

Power to release on bond a person
arrested.

45. (1) the ‘[Provincial Government]
may, by notification in the Official Gazette empower any Forest-officer:—

Power to compound offences.

(a) to accept from any person
against whom a reasonable suspicion exists that he has committed any
forest-offence, other than an offence specified in Section 41 or Section 42, a
sum of money by way of compensa­tion for the offence which such person is
suspected to have committed; and

(b) when any property has been
seized as liable to confi­scation, to telease the same on payment of the value
thereof as estimated by such officer.

(2) On the payment of such sum of money,
or such value, or both, as the case may be, to such officer, the suspected
person, if in custody, shall be discharged, the property, if any, seized shall
be released, and no further proceedings shall be taken against such person or
property.

(3) No Forest-officer shall be empowered
under this sec­tion unless he is of a rank not inferior to that of Ranger, and
is in receipt of a monthly salary amounting to at least one hundred rupees, and
the sum of money accepted as compensation under sub-section (1) clause (a)
shall in no case exceed the sum of fifty rupees.

46. All. proceedings
relating to offences and criminal liabilities
under this Act shall be governed by the Code of Criminal Procedure, 1898.

Procedure.

47.
(1) No Civil Court shall exercise jurisdiction over any’
of the following matters, namely:—

Jurisdiction.

(a) any matter provided for in
Section 3 to 25 both inclusive;

(b) any matter provided for in
Section 35, 36 and 38.

subs,
for Local Government” by A, O., 1937.

(2) In the matters referred to in
sub-section (i) jurisdic­tion shall rest with the Revenue-officer only and all
proceedings shall be governed by the procedure prescribed by law for the time
being in force for the regulation of such proceedings.

(3) Every order passed by a
Revenue-officer in exercise of the above Jurisdiction shall be subject to such
rights of appeal and powers of review and revision as are provided in Section
80 to 84 of the J[N.-W. F P. Tenancy Act, 1950].

CHAPTER—VIII.

CATTLE TRESPASS.

48. (1) Cattle trespassing in a reserved
forest or in any Waste-land set apart or protected under Section 14, Section
15, or Section 16, or in any area which has been closed to grazing under
Section 35, shall be deemed to be cattle doing damage to a public plantation
within the meaning of Section II of the Cattle Trespass Act, 1871, and may be
seized and impounded as such by any Forest or village-forest or Police Officer.

(2) The 2 [Provincial Government] may, by
notification in the official Gazette, direct that in lieu of the fines imposed
by Section 12 of the said Act there shall be levied for each head of cattle
impounded under sub-section (1) such fines as it may think fit not exceeding
the following, that is to say:---

a.—p.

For each buffalo or
camel
.. 2— 0— 0

For each horse, mare, gelding, pony,

colt, filly, mule,
bull, bullock,

cow or
heifer.
1— 0— 0

For each calf, ass, pig, ram, ewe,
sheep,
0— 8— 0

lamb, goat or kid

Provided that:---

when cultivation closely adjoins the
boundary of a forest, no cattle straying from such cultivation or its
neighborhood shall be liable to seizure under this section unless the forest in
that part adjoining the said cultivation has been clearly demarcated, and

(b) no cattle shall be liable to
seizure which are being lawfully driven along
a road or track on which a right of way exists
even though they stray from such road or track;

so long as the driver has used
reasonable care and diligence to prevent his cattle from so
straying and to drive back such astray.

CHAPTER—IX

FOREST OFFICERS

49. The ] [Provincial Government] may
invest any gazetted Forest-officer with all or any of the powers of a Deputy
Commis­sioner under this Act, and with all or any of the powers with which an
Assistant Collector may be invested under the provisions of the Punjab Land
Revenue Act No. XVII of 1887:

Conferment on forest- officers of powers
of Deputy Commissioner or Assistant Collector.

Provided that any Forest-officer invested
with any powers under this section shall exercise such powers subject to the
control of the Deputy Commissioner.

2[..............]

50. (1) The ] [Provincial Government] may invest any Forest-officer with all
or any of the following powers, that is to say:—

Conferment on Forest
officers of certain other powers.

(a) power to enter upon any
land and to survey, demar­cate and make a map of the same;

(b) powers of a Civil Court to
compel the attendance of witness and the production of documents;

(c) power to issue a
search warrant under the Code of Criminal Procedure 1898 (V of
1898);

(d) power to hold inquiry into
forest-offences, and in the course of such inquiry, to receive and
record state­ment.

(2) Any statement recorded
under clause (d) of sub­section (1)
shall be admissible in any subsequent trial before a Magistrate to
the same extent as statement recorded by the Police during the
investigation.

51. All Forest-officers shall be deemed to be public servants
within the meaning of the 3[Pakistan Penal Code I860].

Forest-officers deemed public servants.

52. Except with the permission in
writing of the ‘[Provin­cial Government] no Forest-officer shall, as
principal or agent, trade in timber or any forest-produce or be or become
interested in any lease of any forest or in any contract for
working any forest, whether in 4[Pakistan] or foreign territory.

4. For the word “British”
substituted by W. P. (Adaptation of Laws) order 1958

(S. 3) and Schedule— III.

CHAPTER—X.

SUPPLEMENTAL PROVISIONS.

Additional powers to make rules.

53. (1) The
1[Provincial Government] may make rules to :c carry out the
objects and purposes of this Act.

(a) prescribe and limit the
powers and duties of any Forest-officer under this Act;

(b) provide for the disposal of
the proceeds of fine, con­fiscation and other sums received under this Act and
the regulation of rewards to be paid there from to officers, informers and
others;

(c) provide for the preservation,
reproduction and dis­posal of trees, brushwood and timber produced on
waste-lands.

Publication of rules in official Gazette.

54. All rules made under
this Act shall be published in the
Official Gazette, and on such publication shall have
effect as if
enacted in this Act.

Indemnity for acts done in good faith.

55. Subject to the
provisions of Section 4, no suit, prosecution or other proceeding
shall be entertained in any
Court against any public servant for anything done in pursuance or ex­ecution
of this Act or done in good faith and in intended execu­tion of
this Act.

Recovery of money due to the Government,

56. All money payable to 2]Provincial
Government) under this Act, or any rule made thereunder or on account of the
price of any forest-produce or of expenses connected with any act done in
accordance with the provisions of this Act or the rules made under it in
respect of such produce, may, if not paid when due, be recovered under the
law for the time being in force as if it were an arrear of land-revenue.

Recovery of penalties due under bond.

57. When any person in accordance with
any provision of this Act or in compliance with any rule made thereunder
binds himself by any bond or instrument to perform any duty or act, or
covenants by any bond or instrument that he, or that he and his servants and
agents, will abstain from any act, the sum men­ tioned in such bond or
instrument as the amount to be paid in case of a breach of the conditions
thereof may, notwithstanding anything in Section 74 of the 2[....] Contract
Act, 1872, be re­ covered from him in case of such breach as if it were an
arrear of land-revenue.